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The document is a comprehensive overview of the book 'Cloud, Grid and High Performance Computing: Emerging Applications' edited by Emmanuel Udoh, which discusses architectures, services, and the impact of emerging computing technologies. It includes chapters on various topics such as supercomputers in grids, job scheduling, security frameworks, and applications in high performance computing. The book aims to provide insights into the complexities and advancements in cloud and grid computing, along with practical case studies and theoretical discussions.

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16 views56 pages

Cloud Grid and High Performance Computing Emerging Applications 1st Edition Emmanuel Udoh Download

The document is a comprehensive overview of the book 'Cloud, Grid and High Performance Computing: Emerging Applications' edited by Emmanuel Udoh, which discusses architectures, services, and the impact of emerging computing technologies. It includes chapters on various topics such as supercomputers in grids, job scheduling, security frameworks, and applications in high performance computing. The book aims to provide insights into the complexities and advancements in cloud and grid computing, along with practical case studies and theoretical discussions.

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Cloud Grid and High Performance Computing Emerging
Applications 1st Edition Emmanuel Udoh Digital Instant
Download
Author(s): Emmanuel Udoh
ISBN(s): 9781609606046, 1609606043
Edition: 1
File Details: PDF, 7.61 MB
Year: 2011
Language: english
Cloud, Grid and High
Performance Computing:
Emerging Applications
Emmanuel Udoh
Indiana Institute of Technology, USA
Senior Editorial Director: Kristin Klinger
Editorial Director: Lindsay Johnston
Director of Book Publications: Julia Mosemann
Acquisitions Editor: Erika Carter
Development Editor: Hannah Abelbeck
Production Editor: Sean Woznicki
Typesetters: Michael Brehm, Keith Glazewski, Milan Vracarich, Jr.
Print Coordinator: Jamie Snavely
Cover Design: Nick Newcomer

Published in the United States of America by


in (an imprint of IGI Global)
701 E. Chocolate Avenue
Hershey PA 17033
Tel: 717-533-8845
Fax: 717-533-8661
E-mail: cust@igi-global.com
Web site: http://www.igi-global.com

Copyright © 2011 by IGI Global. All rights reserved. No part of this publication may be reproduced, stored or distributed in
any form or by any means, electronic or mechanical, including photocopying, without written permission from the publisher.
Product or company names used in this set are for identification purposes only. Inclusion of the names of the products or
companies does not indicate a claim of ownership by IGI Global of the trademark or registered trademark.

Library of Congress Cataloging-in-Publication Data


Cloud, grid and high performance computing: emerging applications / Emmanuel Udoh, editor.
p. cm.
Includes bibliographical references and index.
Summary: “This book offers new and established perspectives on architectures, services and the resulting impact of
emerging computing technologies, including investigation of practical and theoretical issues in the related fields of grid,
cloud, and high performance computing”--Provided by publisher.
ISBN 978-1-60960-603-9 (hardcover) -- ISBN 978-1-60960-604-6 (ebook) 1. Cloud computing. 2. Computational grids
(Computer systems) 3. Software architecture. 4. Computer software--Development. I. Udoh, Emmanuel, 1960-
QA76.585.C586 2011
004.67’8--dc22
2011013282

British Cataloguing in Publication Data


A Cataloguing in Publication record for this book is available from the British Library.

All work contributed to this book is new, previously-unpublished material. The views expressed in this book are those of the
authors, but not necessarily of the publisher.
Table of Contents

Preface.................................................................................................................................................. xvi

Section 1
Introduction

Chapter 1
Supercomputers in Grids.......................................................................................................................... 1
Michael M. Resch, University of Stuttgart, Germany
Edgar Gabriel, University of Houston, USA

Chapter 2
Porting HPC Applications to Grids and Clouds..................................................................................... 10
Wolfgang Gentzsch, Independent HPC, Grid, and Cloud Consultant, Germany

Chapter 3
Grid-Enabling Applications with JGRIM.............................................................................................. 39
Cristian Mateos, ISISTAN - UNCPBA, Argentina
Alejandro Zunino, ISISTAN - UNCPBA, Argentina
Marcelo Campo, ISISTAN - UNCPBA, Argentina

Section 2
Scheduling

Chapter 4
Moldable Job Allocation for Handling Resource Fragmentation in Computational Grid..................... 58
Kuo-Chan Huang, National Taichung University of Education, Taiwan
Po-Chi Shih, National Tsing Hua University, Taiwan
Yeh-Ching Chung, National Tsing Hua University, Taiwan
Chapter 5
Speculative Scheduling of Parameter Sweep Applications Using Job Behaviour
Descriptions........................................................................................................................................... 72
Attila Ulbert, Eötvös Loránd University, Hungary
László Csaba Lőrincz, Eötvös Loránd University, Hungary
Tamás Kozsik, Eötvös Loránd University, Hungary
Zoltán Horváth, Eötvös Loránd University, Hungary

Chapter 6
A Security Prioritized Computational Grid Scheduling Model: An Analysis........................................ 90
Rekha Kashyap, Jawaharlal Nehru University, India
Deo Prakash Vidyarthi, Jawaharlal Nehru University, India

Chapter 7
A Replica Based Co-Scheduler (RBS) for Fault Tolerant Computational Grid.................................. 101
Zahid Raza, Jawaharlal Nehru University, India
Deo Prakash Vidyarthi, Jawaharlal Nehru University, India

Section 3
Security

Chapter 8
A Policy-Based Security Framework for Privacy-Enhancing Data Access and Usage
Control in Grids................................................................................................................................... 118
Wolfgang Hommel, Leibniz Supercomputing Centre, Germany

Chapter 9
Adaptive Control of Redundant Task Execution for Dependable Volunteer Computing.................... 135
Hong Wang, Tohoku University, Japan
Yoshitomo Murata, Tohoku University, Japan
Hiroyuki Takizawa, Tohoku University, Japan
Hiroaki Kobayashi, Tohoku University, Japan

Chapter 10
Publication and Protection of Sensitive Site Information in a Grid Infrastructure.............................. 155
Shreyas Cholia, Lawrence Berkeley National Laboratory, USA
R. Jefferson Porter, Lawrence Berkeley National Laboratory, USA

Chapter 11
Federated PKI Authentication in Computing Grids: Past, Present, and Future................................... 165
Massimiliano Pala, Dartmouth College, USA
Shreyas Cholia, Lawrence Berkeley National Laboratory, USA
Scott A. Rea, DigiCert Inc., USA
Sean W. Smith, Dartmouth College, USA
Chapter 12
Identifying Secure Mobile Grid Use Cases......................................................................................... 180
David G. Rosado, University of Castilla-La Mancha, Spain
Eduardo Fernández-Medina, University of Castilla-La Mancha, Spain
Javier López, University of Málaga, Spain
Mario Piattini, University of Castilla-La Mancha, Spain

Chapter 13
Trusted Data Management for Grid-Based Medical Applications....................................................... 208
Guido J. van ‘t Noordende, University of Amsterdam, The Netherlands
Silvia D. Olabarriaga, Academic Medical Center - Amsterdam, The Netherlands
Matthijs R. Koot, University of Amsterdam, The Netherlands
Cees T.A.M. de Laat, University of Amsterdam, The Netherlands

Section 4
Applications

Chapter 14
Large-Scale Co-Phylogenetic Analysis on the Grid............................................................................ 222
Heinz Stockinger, Swiss Institute of Bioinformatics, Switzerland
Alexander F. Auch, University of Tübingen, Germany
Markus Göker, University of Tübingen, Germany
Jan Meier-Kolthoff, University of Tübingen, Germany
Alexandros Stamatakis, Ludwig-Maximilians-University Munich, Germany

Chapter 15
Persistence and Communication State Transfer in an Asynchronous Pipe Mechanism...................... 238
Philip Chan, Monash University, Australia
David Abramson, Monash University, Australia

Chapter 16
Self-Configuration and Administration of Wireless Grids................................................................... 255
Ashish Agarwal, Carnegie Mellon University, USA
Amar Gupta, University of Arizona, USA

Chapter 17
Push-Based Prefetching in Remote Memory Sharing System............................................................. 269
Rui Chu, National University of Defense Technology, China
Nong Xiao, National University of Defense Technology, China
Xicheng Lu, National University of Defense Technology, China
Chapter 18
Distributed Dynamic Load Balancing in P2P Grid Systems............................................................... 284
You-Fu Yu, National Taichung University, Taiwan, ROC
Po-Jung Huang, National Taichung University, Taiwan, ROC
Kuan-Chou Lai, National Taichung University, Taiwan, ROC

Chapter 19
An Ontology-Based P2P Network for Semantic Search...................................................................... 299
Tao Gu, University of Southern Denmark, Denmark
Daqing Zhang, Institut Telecom SudParis, France
Hung Keng Pung, National University of Singapore, Singapore

Chapter 20
FH-MAC: A Multi-Channel Hybrid MAC Protocol for Wireless Mesh Networks............................. 313
Djamel Tandjaoui, Center of Research on Scientific and Technical Information, Algeria
Messaoud Doudou, University of Science and Technology Houari Boumediène, Algeria
Imed Romdhani, Napier University School of Computing, UK

Chapter 21
A Decentralized Directory Service for Peer-to-Peer-Based Telephony............................................... 330
Fabian Stäber, Siemens Corporate Technology, Germany
Gerald Kunzmann, Technische Universität München, Germany
Jörg P. Müller, Clausthal University of Technology, Germany

Compilation of References................................................................................................................ 345

About the Contributors..................................................................................................................... 374

Index.................................................................................................................................................... 385
Detailed Table of Contents

Preface.................................................................................................................................................. xvi

Section 1
Introduction

Chapter 1
Supercomputers in Grids.......................................................................................................................... 1
Michael M. Resch, University of Stuttgart, Germany
Edgar Gabriel, University of Houston, USA

This article describes the state of the art in using supercomputers in Grids. It focuses on various ap-
proaches in Grid computing that either aim to replace supercomputing or integrate supercomputers in
existing Grid environments. We further point out the limitations to Grid approaches when it comes to
supercomputing. We also point out the potential of supercomputers in Grids for economic usage. For
this, we describe a public-private partnership in which this approach has been employed for more than
10 years. By giving such an overview we aim at better understanding the role of supercomputers and
Grids and their interaction.

Chapter 2
Porting HPC Applications to Grids and Clouds..................................................................................... 10
Wolfgang Gentzsch, Independent HPC, Grid, and Cloud Consultant, Germany

A Grid enables remote, secure access to a set of distributed, networked computing and data resources.
Clouds are a natural complement to Grids towards the provisioning of IT as a service. To “Grid-enable”
applications, users have to cope with: complexity of Grid infrastructure; heterogeneous compute and
data nodes; wide spectrum of Grid middleware tools and services; the e-science application architectures,
algorithms and programs. For clouds, on the other hand, users don’t have many possibilities to adjust
their application to an underlying cloud architecture, because of its transparency to the user. Therefore,
the aim of this chapter is to guide users through the important stages of implementing HPC applica-
tions on Grid and cloud infrastructures, together with a discussion of important challenges and their
potential solutions. As a case study for Grids, we present the Distributed European Infrastructure for
Supercomputing Applications (DEISA) and describe the DEISA Extreme Computing Initiative (DECI)
for porting and running scientific grand challenge applications on the DEISA Grid. For clouds, we pres-
ent several case studies of HPC applications running on Amazon’s Elastic Compute Cloud EC2 and its
recent Cluster Compute Instances for HPC. This chapter concludes with the author’s top ten rules of
building sustainable Grid and cloud e-infrastructures.

Chapter 3
Grid-Enabling Applications with JGRIM.............................................................................................. 39
Cristian Mateos, ISISTAN - UNCPBA, Argentina
Alejandro Zunino, ISISTAN - UNCPBA, Argentina
Marcelo Campo, ISISTAN - UNCPBA, Argentina

The development of massively distributed applications with enormous demands for computing power,
memory, storage and bandwidth is now possible with the Grid. Despite these advances, building Grid
applications is still very difficult. We present JGRIM, an approach to easily gridify Java applications by
separating functional and Grid concerns in the application code, and report evaluations of its benefits
with respect to related approaches. The results indicate that JGRIM simplifies the process of porting
applications to the Grid, and the Grid code obtained from this process performs in a very competitive
way compared to the code resulting from using similar tools.

Section 2
Scheduling

Chapter 4
Moldable Job Allocation for Handling Resource Fragmentation in Computational Grid..................... 58
Kuo-Chan Huang, National Taichung University of Education, Taiwan
Po-Chi Shih, National Tsing Hua University, Taiwan
Yeh-Ching Chung, National Tsing Hua University, Taiwan

In a computational Grid environment, a common practice is to try to allocate an entire parallel job onto
a single participating site. Sometimes a parallel job, upon its submission, cannot fit in any single site due
to the occupation of some resources by running jobs. How the job scheduler handles such situations is
an important issue which has the potential to further improve the utilization of Grid resources, as well
as the performance of parallel jobs. This paper adopts moldable job allocation policies to deal with such
situations in a heterogeneous computational Grid environment. The proposed policies are evaluated
through a series of simulations using real workload traces. The moldable job allocation policies are also
compared to the multi-site co-allocation policy, which is another approach usually used to deal with the
resource fragmentation issue. The results indicate that the proposed moldable job allocation policies can
further improve the system performance of a heterogeneous computational Grid significantly.
Chapter 5
Speculative Scheduling of Parameter Sweep Applications Using Job Behaviour
Descriptions........................................................................................................................................... 72
Attila Ulbert, Eötvös Loránd University, Hungary
László Csaba Lőrincz, Eötvös Loránd University, Hungary
Tamás Kozsik, Eötvös Loránd University, Hungary
Zoltán Horváth, Eötvös Loránd University, Hungary

The execution of data intensive Grid applications raises several questions regarding job scheduling, data
migration, and replication. This paper presents new scheduling algorithms using more sophisticated
job behaviour descriptions that allow estimating job completion times more precisely thus improving
scheduling decisions. Three approaches of providing input to the decision procedure are discussed: a)
single job description, b) multiple job descriptions, and c) multiple job descriptions with mutation. The
proposed Grid middleware components (1) monitor the execution of jobs and gather resource access
information, (2) analyse the compiled information and generate a description of the behaviour of the job,
(3) refine the already existing job description, and (4) use the refined behaviour description to schedule
the submitted jobs.

Chapter 6
A Security Prioritized Computational Grid Scheduling Model: An Analysis........................................ 90
Rekha Kashyap, Jawaharlal Nehru University, India
Deo Prakash Vidyarthi, Jawaharlal Nehru University, India

Grid supports heterogeneities of resources in terms of security and computational power. Applications
with stringent security requirement introduce challenging concerns when executed on the grid resources.
Though grid scheduler considers the computational heterogeneity while making scheduling decisions,
little is done to address their security heterogeneity. This work proposes a security aware computational
grid scheduling model, which schedules the tasks taking into account both kinds of heterogeneities. The
approach is known as Security Prioritized MinMin (SPMinMin). Comparing it with one of the widely
used grid scheduling algorithm MinMin (secured) shows that SPMinMin performs better and sometimes
behaves similar to MinMin under all possible situations in terms of makespan and system utilization.

Chapter 7
A Replica Based Co-Scheduler (RBS) for Fault Tolerant Computational Grid.................................. 101
Zahid Raza, Jawaharlal Nehru University, India
Deo Prakash Vidyarthi, Jawaharlal Nehru University, India

Grid is a parallel and distributed computing network system comprising of heterogeneous computing
resources spread over multiple administrative domains that offers high throughput computing. Since the
Grid operates at a large scale, there is always a possibility of failure ranging from hardware to software.
The penalty paid of these failures may be on a very large scale. System needs to be tolerant to various
possible failures which, in spite of many precautions, are bound to happen. Replication is a strategy
often used to introduce fault tolerance in the system to ensure successful execution of the job, even when
some of the computational resources fail. Though replication incurs a heavy cost, a selective degree of
replication can offer a good compromise between the performance and the cost. This chapter proposes a
co-scheduler that can be integrated with main scheduler for the execution of the jobs submitted to com-
putational Grid. The main scheduler may have any performance optimization criteria; the integration of
co-scheduler will be an added advantage towards fault tolerance. The chapter evaluates the performance
of the co-scheduler with the main scheduler designed to minimize the turnaround time of a modular job
by introducing module replication to counter the effects of node failures in a Grid. Simulation study
reveals that the model works well under various conditions resulting in a graceful degradation of the
scheduler’s performance with improving the overall reliability offered to the job.

Section 3
Security

Chapter 8
A Policy-Based Security Framework for Privacy-Enhancing Data Access and Usage
Control in Grids................................................................................................................................... 118
Wolfgang Hommel, Leibniz Supercomputing Centre, German

IT service providers are obliged to prevent the misuse of their customers’ and users’ personally identifi-
able information. However, the preservation of user privacy is a challenging key issue in the management
of IT services, especially when organizational borders are crossed. This challenge also exists in Grids,
where so far, only few of the advantages in research areas such as privacy enhancing technologies and
federated identity management have been adopted. In this chapter, we first summarize an analysis of
the differences between Grids and the previously dominant model of inter-organizational collaboration.
Based on requirements derived thereof, we specify a security framework that demonstrates how well-
established policy-based privacy management architectures can be extended to provide the required
Grid-specific functionality. We also discuss the necessary steps for integration into existing service
provider and service access point infrastructures. Special emphasis is put on privacy policies that can
be configured by users themselves, and distinguishing between the initial data access phase and the later
data usage control phase. We also discuss the challenges of practically applying the required changes to
real-world infrastructures, including delegated administration, monitoring, and auditing.

Chapter 9
Adaptive Control of Redundant Task Execution for Dependable Volunteer Computing.................... 135
Hong Wang, Tohoku University, Japan
Yoshitomo Murata, Tohoku University, Japan
Hiroyuki Takizawa, Tohoku University, Japan
Hiroaki Kobayashi, Tohoku University, Japan

On the volunteer computing platforms, inter-task dependency leads to serious performance degradation
for failed task re-execution because of volatile peers. This paper discusses a performance-oriented task
dispatch policy based on the failure probability estimation. The tasks with the highest failure probabili-
ties are selected for dispatch when multiple task enquiries come to the dispatcher. The estimated failure
probability is used to find the optimized task assignment that minimizes the overall failure probability
of these tasks. This performance-oriented task dispatch policy is evaluated with two real world trace
data sets on a simulator. Evaluation results demonstrate the effectiveness of this policy.

Chapter 10
Publication and Protection of Sensitive Site Information in a Grid Infrastructure.............................. 155
Shreyas Cholia, Lawrence Berkeley National Laboratory, USA
R. Jefferson Porter, Lawrence Berkeley National Laboratory, USA

In order to create a successful grid infrastructure, sites and resource providers must be able to publish
information about their underlying resources and services. This information enables users and virtual
organizations to make intelligent decisions about resource selection and scheduling, and facilitates ac-
counting and troubleshooting services within the grid. However, such an outbound stream may include
data deemed sensitive by a resource-providing site, exposing potential security vulnerabilities or private
user information. This study analyzes the various vectors of information being published from sites to
grid infrastructures. In particular, it examines the data being published and collected in the Open Science
Grid, including resource selection, monitoring, accounting, troubleshooting, logging and site verifica-
tion data. We analyze the risks and potential threat models posed by the publication and collection of
such data. We also offer some recommendations and best practices for sites and grid infrastructures to
manage and protect sensitive data.

Chapter 11
Federated PKI Authentication in Computing Grids: Past, Present, and Future................................... 165
Massimiliano Pala, Dartmouth College, USA
Shreyas Cholia, Lawrence Berkeley National Laboratory, USA
Scott A. Rea, DigiCert Inc., USA
Sean W. Smith, Dartmouth College, USA

One of the most successful working examples of virtual organizations, computational Grids need au-
thentication mechanisms that inter-operate across domain boundaries. Public Key Infrastructures (PKIs)
provide sufficient flexibility to allow resource managers to securely grant access to their systems in such
distributed environments. However, as PKIs grow and services are added to enhance both security and
usability, users and applications must struggle to discover available resources-particularly when the
Certification Authority (CA) is alien to the relying party. This chapter presents a successful story about
how to overcome these limitations by deploying the PKI Resource Query Protocol (PRQP) into the grid
security architecture. We also discuss the future of Grid authentication by introducing the Public Key
System (PKS) and its key features to support federated identities.

Chapter 12
Identifying Secure Mobile Grid Use Cases......................................................................................... 180
David G. Rosado, University of Castilla-La Mancha, Spain
Eduardo Fernández-Medina, University of Castilla-La Mancha, Spain
Javier López, University of Málaga, Spain
Mario Piattini, University of Castilla-La Mancha, Spain
Mobile Grid includes the characteristics of the Grid systems together with the peculiarities of Mobile
Computing, with the additional feature of supporting mobile users and resources in a seamless, trans-
parent, secure, and efficient way. Security of these systems, due to their distributed and open nature, is
considered a topic of great interest. We are elaborating a process of development to build secure mobile
Grid systems considering security on all life cycles. In this chapter, we present the practical results ap-
plying our development process to a real case, specifically we apply the part of security requirements
analysis to obtain and identify security requirements of a specific application following a set of tasks
defined for helping us in the definition, identification, and specification of the security requirements on our
case study. The process will help us to build a secure Grid application in a systematic and iterative way.

Chapter 13
Trusted Data Management for Grid-Based Medical Applications....................................................... 208
Guido J. van ‘t Noordende, University of Amsterdam, The Netherlands
Silvia D. Olabarriaga, Academic Medical Center - Amsterdam, The Netherlands
Matthijs R. Koot, University of Amsterdam, The Netherlands
Cees T.A.M. de Laat, University of Amsterdam, The Netherlands

Existing Grid technology has been foremost designed with performance and scalability in mind. When
using Grid infrastructure for medical applications, privacy and security considerations become paramount.
Privacy aspects require a re-thinking of the design and implementation of common Grid middleware
components. This chapter describes a novel security framework for handling privacy sensitive infor-
mation on the Grid, and describes the privacy and security considerations which impacted its design.

Section 4
Applications

Chapter 14
Large-Scale Co-Phylogenetic Analysis on the Grid............................................................................ 222
Heinz Stockinger, Swiss Institute of Bioinformatics, Switzerland
Alexander F. Auch, University of Tübingen, Germany
Markus Göker, University of Tübingen, Germany
Jan Meier-Kolthoff, University of Tübingen, Germany
Alexandros Stamatakis, Ludwig-Maximilians-University Munich, Germany

Phylogenetic data analysis represents an extremely compute-intensive area of Bioinformatics and thus
requires high-performance technologies. Another compute- and memory-intensive problem is that of
host-parasite co-phylogenetic analysis: given two phylogenetic trees, one for the hosts (e.g., mammals)
and one for their respective parasites (e.g., lice) the question arises whether host and parasite trees are
more similar to each other than expected by chance alone. CopyCat is an easy-to-use tool that allows
biologists to conduct such co-phylogenetic studies within an elaborate statistical framework based on
the highly optimized sequential and parallel AxParafit program. We have developed enhanced versions
of these tools that efficiently exploit a Grid environment and therefore facilitate large-scale data analy-
ses. Furthermore, we developed a freely accessible client tool that provides co-phylogenetic analysis
capabilities. Since the computational bulk of the problem is embarrassingly parallel, it fits well to a
computational Grid and reduces the response time of large scale analyses.

Chapter 15
Persistence and Communication State Transfer in an Asynchronous Pipe Mechanism...................... 238
Philip Chan, Monash University, Australia
David Abramson, Monash University, Australia

Wide-area distributed systems offer new opportunities for executing large-scale scientific applications.
On these systems, communication mechanisms have to deal with dynamic resource availability and the
potential for resource and network failures. Connectivity losses can affect the execution of workflow
applications, which require reliable data transport between components. We present the design and
implementation of π-channels, an asynchronous and fault-tolerant pipe mechanism suitable for coupling
workflow components. Fault-tolerant communication is made possible by persistence, through adaptive
caching of pipe segments while providing direct data streaming. We present the distributed algorithm
for implementing: (a) caching of pipe data segments; (b) asynchronous read operation; and (c) com-
munication state transfer to handle dynamic process joins and leaves.

Chapter 16
Self-Configuration and Administration of Wireless Grids................................................................... 255
Ashish Agarwal, Carnegie Mellon University, USA
Amar Gupta, University of Arizona, USA

A Wireless Grid is an augmentation of a wired grid that facilitates the exchange of information and
the interaction between heterogeneous wireless devices. While similar to the wired grid in terms of its
distributed nature, the requirement for standards and protocols, and the need for adequate Quality of
Service; a Wireless Grid has to deal with the added complexities of the limited power of the mobile
devices, the limited bandwidth, and the increased dynamic nature of the interactions involved. This
complexity becomes important in designing the services for mobile computing. A grid topology and
naming service is proposed which can allow self-configuration and self-administration of various pos-
sible wireless grid layouts.

Chapter 17
Push-Based Prefetching in Remote Memory Sharing System............................................................. 269
Rui Chu, National University of Defense Technology, China
Nong Xiao, National University of Defense Technology, China
Xicheng Lu, National University of Defense Technology, China

Remote memory sharing systems aim at the goal of improving overall performance using distributed
computing nodes with surplus memory capacity. To exploit the memory resources connected by the
high-speed network, the user nodes, which are short of memory, can obtain extra space provision. The
performance of remote memory sharing is constrained with the expensive network communication cost.
In order to hide the latency of remote memory access and improve the performance, we proposed the
push-based prefetching to enable the memory providers to push the potential useful pages to the user
nodes. For each provider, it employs sequential pattern mining techniques, which adapts to the charac-
teristics of memory page access sequences, on locating useful memory pages for prefetching. We have
verified the effectiveness of the proposed method through trace-driven simulations.

Chapter 18
Distributed Dynamic Load Balancing in P2P Grid Systems............................................................... 284
You-Fu Yu, National Taichung University, Taiwan, ROC
Po-Jung Huang, National Taichung University, Taiwan, ROC
Kuan-Chou Lai, National Taichung University, Taiwan, ROC

P2P Grids could solve large-scale scientific problems by using geographically distributed heterogeneous
resources. However, a number of major technical obstacles must be overcome before this potential can
be realized. One critical problem to improve the effective utilization of P2P Grids is the efficient load
balancing. This chapter addresses the above-mentioned problem by using a distributed load balancing
policy. In this chapter, we propose a P2P communication mechanism, which is built to deliver varied
information across heterogeneous Grid systems. Basing on this P2P communication mechanism, we
develop a load balancing policy for improving the utilization of distributed computing resources. We also
develop a P2P resource monitoring system to capture the dynamic resource information for the decision
making of load balancing. Moreover, experimental results show that the proposed load balancing policy
indeed improves the utilization and achieves effective load balancing.

Chapter 19
An Ontology-Based P2P Network for Semantic Search...................................................................... 299
Tao Gu, University of Southern Denmark, Denmark
Daqing Zhang, Institut Telecom SudParis, France
Hung Keng Pung, National University of Singapore, Singapore

This article presents an ontology-based peer-to-peer network that facilitates efficient search for data in
wide-area networks. Data with the same semantics are grouped together into one-dimensional semantic
ring space in the upper-tier network. This is achieved by applying an ontology-based semantic clustering
technique and dedicating part of node identifiers to correspond to their data semantics. In the lower-tier
network, peers in each semantic cluster are organized as Chord identifier space. Thus, all the nodes in
the same semantic cluster know which node is responsible for storing context data triples they are look-
ing for, and context queries can be efficiently routed to those nodes. Through the simulation studies, the
authors demonstrate the effectiveness of our proposed scheme.

Chapter 20
FH-MAC: A Multi-Channel Hybrid MAC Protocol for Wireless Mesh Networks............................. 313
Djamel Tandjaoui, Center of Research on Scientific and Technical Information, Algeria
Messaoud Doudou, University of Science and Technology Houari Boumediène, Algeria
Imed Romdhani, Napier University School of Computing, UK

In this article, the authors propose a new hybrid MAC protocol named H-MAC for wireless mesh
networks. This protocol combines CSMA and TDMA schemes according to the contention level. In
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7. That he established, or allowed to be established, at Bussu-Baya, and
at Dengeseke, commercial factories where workmen were installed, armed
with Albinis and cartridges, forming part of the armament of the factories of
Mimbo and Binga, these arms and ammunition having been moved without
authority, and having been used in committing the breaches of law, for
which Silvanus Jones, chief of the factory of Bussu-Baya, and Bangi, his
servant, are being prosecuted;
8. That, at the post of Mimbo, he handed over to his Headman (“Capita”)
Kassango 100 Albini cartridges belonging to the State, and, at the post of
Binga, handed over 200 cartridges to Houart, head of that factory; which
proceedings constituted a fraudulent abstraction of cartridges, the property
of the State; and, in the second place, a breach of the Regulations in regard
to fire-arms, offences covered by Articles 1, 2, 3, 4, 11, 18, 19 of the Penal
Code, 101 bis, 101 (4) of the Penal Code, Decree of 27th March, 1900; 2
and 9 of the Decree of 10th March, 1892, and the Order of 30th August,
1901, respecting fire-arms.
The charges against the second were that, at the end of 1902, he sent
workmen of the Société Anversoise du Commerce au Congo, armed with
Albinis, into the neighbourhood of the factory of Bussu-Baya, with
instructions to kill the natives, and thus directly caused the death of a
woman of Bassango, who was killed by a rifle-shot by his servant Bangi—
offences covered by Articles 1 and 9 of the Decree of 10th March, 1892,
and by the Order of 30th April, 1901, respecting fire-arms, and 1 and 2 of
the Penal Code;
In view of the terms of the indictment against the above-named persons,
and the verdict of the Court of First Instance of the Lower Congo, dated the
12th January, 1904, condemning the first-named to twenty years’ penal
servitude and to seven-eighths of the costs of the action, and the second to
ten years’ penal servitude and to one-eighth of the costs of the action;
Whereas appeals against the said verdict were made by the Public
Prosecutor and by the accused Caudron, according to declarations received
at the office of the Registrar of Court of Appeal on the 12th February, 1904;
Whereas the said appeals were notified to the Public Prosecutor and to
the accused on the same day;
Whereas a summons was served on the accused on the 22nd February,
1904;
Whereas Judge Albert Sweerts has reported on the case;
Whereas the case has been heard before the Court of Appeal;
Whereas the Procureur d’État has addressed the Court for the
prosecution;
Whereas the statements and defence of the accused have been heard,
being presented on behalf of Caudron by M. de Neutor, the defending
Counsel accepted by the Court;
Whereas the Court of Appeal has received the appeal of the accused
Caudron, and the appeal of the Public Prosecutor relating to the latter, and
to the other accused, Silvanus Jones;
Whereas the appeal of the accused Caudron is inadmissible, the
appellant not having deposited the costs in advance, in conformity with
Article 78 of the Decree of the 27th April, 1889;
Whereas, nevertheless, the appeal of the Public Prosecutor reopens the
whole case even in the interest of those served with the notice of appeal.
With regard to the accused Caudron;
On the first and second counts:
Whereas it is proved by the evidence of the witnesses and by the
documents included in the “dossier”: (1) that, on the night of the 15th to
16th October, 1902, at the station of Akula in the district of the Melo, the
accused Caudron, District Superintendent of the Société Anversoise du
Commerce au Congo, with a view to punish the inhabitants of the village of
Liboké for not furnishing the forced labour required of them, gave orders to
five of his workmen, armed with Albinis, to go to the said village and fire
on the inhabitants, orders which the workmen executed, killing the Chief
and several inhabitants of the village;
(2) That in the course of the months of January, February, and March
1903, in order to force the natives of the region of the Banga to furnish a
greater supply of rubber, he conducted an expedition into the said region
with twenty of his workmen, armed with Albinis, and accompanied by a
non-commissioned officer and fifty soldiers of the State; that in the course
of this expedition he dispatched the workmen, armed with Albinis, and the
soldiers, in small detachments, into the localities of Magugu, Teriba,
Bongu, Muibembetti and Kakoré, with instructions to fire upon any natives
they might meet—instructions which the workmen and soldiers carried out,
thereby causing the death of a large number of natives;
Whereas the accused acknowledges the general truth of these facts, but
pleads in extenuation that he acted in accordance with the authorization,
and even by the order, of the authorities, represented, in the case of the
Liboké incident, by M. Nagant, and, in the case of the expedition against
the Banga, by M. Jamart, both Heads of the police-station at Binga;
Whereas, in the case of the Liboké incident, all the witnesses questioned
on this point before the Court of First Instance and before the Court of
Appeal denied categorically that M. Nagant was at Akula when the attack
against that village took place, and that consequently he could not have
authorized by his presence the order given by the accused Caudron, as the
latter maintains;
Whereas the “dossier” contains, however, certified copies of two letters
addressed by M. Collet, Manager of the station of Akula, to M. Nagant, the
first dated the 12th October, 1902, asking him to take action against the
village of Liboké, and the second dated the 16th October—that is, the day
after the attack—thanking him for his action, and informing him that the
natives had come in in the morning to the station and had undertaken to
accomplish their allotted tasks with regularity; and the authenticity of these
letters is denied by the prosecution, who maintain that they were forged
subsequently in the interest of the accused;
Whereas, however, the three facts: that they have been included in the
“dossier” by the Magistrate in charge of the case; that they were found in
the office of the police-station, and that they were admitted by M. Collet in
the course of the preliminary inquiry, do not allow of their being considered
as forgeries and consequently rejected;
Whereas, since a doubt exists, the version most favourable to the
accused must be accepted—that is to say, that the Chief of the police
station, Nagant, was at Akula when the attack on the village of Liboké took
place, and that he was aware of, and authorized that attack;
Whereas, consequently, any supplementary examination relative to the
said circumstances would be absolutely useless in the interest of the
defence;
Whereas, in the case of the expedition against the Banga, the presence in
that expedition of the Chief of Police, Jamart, with fifty soldiers of the State
is not denied, and it is, moreover, proved that the accused acted throughout
on that occasion in perfect accord with the former; whereas it remains,
therefore, to be determined whether the presence and the authorization of
these representatives of authority may be taken as justifying the action of
the accused;
Whereas it is a principle, expressly recognized by the codes on which
our legislation is based, that, in order to exclude the idea of an offence, it is
not enough that the action may have been ordered by the Executive
authorities, but it is necessary also that it should be prescribed by the law;
Whereas there is no doubt in the present instance that it is a case of
offences against common law, that is to say, of manslaughter committed for
a private purpose with the object of forcing the natives to supply labour or
produce;
Whereas although the restoring of order has been occasionally vaguely
mentioned it is clearly shown by the evidence of all the witnesses, and even
by the reports addressed by the accused to the Director of the Company, and
by his letters to the officers of the district, that, in committing these acts of
hostility against the natives, he only had in view the interest of his
Company’s trade, and more especially the increase in the amount of rubber
collected;
Whereas, even if there could be any doubt as to the nature of the
previous expedition against the Gwakas, no doubt can exist in this respect
in connection with the facts which are the subject of the prosecution;
Whereas, in any case, it is a well-established fact that at the time these
acts took place order had in no way been disturbed, either at Liboké or
among the Banga; that it does not appear that the victims of these actions
had committed any other fault than that of failing to furnish the Company
with the amount of labour required by it;
On the other hand, seeing that the sole fact of not having paid the taxes,
even if they had been legally due (which they were not in this case, because
no law had yet authorized their collection), could not justify such
sanguinary measures;
In the present instance it is still less possible to speak of war-like acts,
because to attack peaceable people and to fire upon single and inoffensive
individuals is certainly not making war;
Whereas it is proved by the evidence of the witnesses, and by the
statements of the accused himself, that on no occasion during these events
did the natives attack or commit any sort of hostile act;
Whereas there was not one killed or wounded among the soldiers or
among the Company employés;
Whereas, therefore, it would be absurd to call it war; and killing under
such circumstances constitutes a crime which no law or necessity
authorizes, and which is punishable by the Penal Code, whether it be
committed by a private person or by a representative of authority;
Whereas, on the other hand, the accused cannot plead in extenuation the
principle of official subordination, in view of the fact that such a plea is
only valid in the case of representatives of authority who carry out the
orders of an official superior, and then only so far as the authority of that
superior extends;
Whereas the accused was not a representative of authority and he did not
owe official obedience to any one; it was in no way part of his duty as an
agent of a Company to co-operate in measures of repression; he was,
therefore, fully entitled to refuse to execute the orders which might be given
him to this effect, and, if he executed them, it was at his own risk;
Whereas, moreover, it is a principle of law that even obedience to one’s
official superior does not constitute a valid plea, when the illegality of the
order is obvious;
Further, whereas there is no truth in the statement that the accused, as he
affirms, only obeyed the orders of the Chiefs of the police station;
Whereas the truth, on the contrary, is that the latter were, in point of fact,
under his orders;
Whereas a mere non-commissioned officer like Nagant; a mere military
assistant (corporal) like Jamart, could not have any authority over the
accused, who occupied the high position of a District Superintendent of the
Société Anversoise du Commerce au Congo, and had under his orders a
large staff of white men and natives;
Whereas all the witnesses were unanimous in stating that in all the
expeditions which he made with the Chiefs of the police station, it was he
who commanded, gave orders to, and punished, not only his own men, but
even the soldiers of the State; whereas, especially in the case of the
expedition against the Banga, it is evident that corporal Jamart, quite young
and but recently arrived in Africa, knowing neither the language nor the
country, and, besides, so ill that he nearly always had to be carried, and
remained several days’ journey to the rear, was simply a lay figure made
use of by the accused in the belief that by Jamart’s presence he would be
able to cover his own illegal actions and to involve the State in his own
responsibility;
Whereas it is therefore useless for the accused to plead good faith in
having acted in accord with the representatives of authority;
Whereas he knew that he ought not to kill, and that he was even less
justified in so doing in the interests of trade;
He knew that it is not tolerated by the laws of the State;
He knew, also, that several of his predecessors and colleagues in the
same region and belonging to the same Company had received very severe
sentences from the Court for similar offences;
He thought he would be cleverer than the others in trying to cover his
responsibility by making use of State employés;
But if this precaution turns out to be ineffectual—if he realizes too late
that criminal responsibility cannot be so easily eluded—he has no right to
describe himself as the victim of an error;
Whereas, if he was mistaken, it was not with regard to the morality of
the actions which he committed, but with regard to the value of the ruse
which he made use of to cover them;
Whereas, however, the accused insists upon the request which he had
already made in First Instance—to wit, that the Tribunal should order a
supplementary inquiry, in order to have incorporated in the “dossier” the
political Reports sent by the higher administrative authorities of the region
to the Local Government—which would show that the said authorities had
known and approved of the actions of which he is accused, and even of
previous and subsequent expeditions which he had made with the troops of
the State; whereas the local Government, questioned by the examining
Magistrate, declared that, as a matter of principle, it did not think it possible
to produce these documents, and, moreover, the said documents contained
nothing that could refer to the facts mentioned by the accused;
Whereas the defence contests these declarations in law and in fact;
Whereas the right of the judicial authority to demand, and even to search
for in any public or private place, any document which might lead to a
conviction or an acquittal, cannot be denied in principle;
Whereas this right, which is given to the judicial authority by law, can
only be curtailed also by law; whereas neither the Congo legislation, nor the
legislation on which it is founded, fixes any limitation in favour of the
Public Departments;
Whereas if an exception be made in the case of diplomatic
representatives, that is on account of the fiction of the extra-territoriality of
their residence; whereas there is no place of asylum;
Whereas, however, it is the duty of the judicial authority to proceed in
such matters with the greatest circumspection, and only if the documents
demanded are of obvious use to the prosecution or the defence;
Whereas, in the present instance, the defence thinks that it can deduce
from these documents the approval, and, in any case, the toleration of the
authorities in connection with these actions;
Whereas, as has been set forth above, even the definite order, and,
therefore, still less the toleration of the authorities, could not be held to
justify acts contrary to the law;
Whereas this principle has already, for a long time past, and on several
occasions, been affirmed by the Tribunals of the State;
Whereas, consequently, in no case could the accused find in the
documents, the production of which he demands, justification for the
actions with which he is charged;
Whereas the utmost he could do would be to adduce the toleration of the
authorities as an extenuating circumstance;
Whereas, in this connection, it may be fittingly observed that the
documents of the “dossier” itself, and the evidence of witnesses, go to
prove the existence of a certain toleration on the part of the authorities;
Whereas, indeed, the presence and the co-operation of the heads of the
police station of Binga, at the time of the Qiboke affair, and of the
expedition against the Banga, have been admitted by the Tribunal. Whereas
the evidence of the witnesses also goes to prove that the accused,
accompanied by agents and soldiers of the State, had, previously and
subsequently, conducted other punitive expeditions against the natives;
Whereas this is sufficient ground at least for presuming the toleration of
the higher authorities of the district, and for admitting this toleration as an
extenuating circumstance in favour of the accused;
Whereas, consequently, all supplementary inquiry on this subject, even if
it might serve to prove the responsibility of other persons, could be of no
service to the accused;
On the third count:
Whereas it is proved by the evidence of witnesses, and admitted by the
men accused, that at Muibembetti, in the course of an expedition against the
Banga, the accused in question, having lost his temper owing to a delay on
the part of the carriers, fired upon them with his shot-gun loaded with small
shot; one of the two discharges wounded a native woman in the back; and
the wound was slight and did not cause her to be incapacitated from work;
On the fourth count:
Whereas the accused admits having caused to be detained at the factory
of Mimbo some twenty natives who had been taken prisoners in the course
of the expedition against the Banga, and that their detention had no other
object than to force their villages to collect rubber; whereas he alleges in his
defence that these people had been arrested with the authorization and
assistance of Jamart, the Chief of the police station; whereas they were
awaiting at Mimbo the instructions of the Commander of the police forces;
whereas he maintains that this act was perfectly legal because the
Government had, since the month of April 1901, authorized the Société
Anversoise du Commerce au Congo to exact rubber as a tax from the
people, and had decreed the penalty of detention in the case of refusal;
Whereas, in fact, the Public Prosecutor declared in the course of a trial
before the Court of First Instance that he was authorized to state that a letter
was in existence from the Governor-General to the Commissioner of the
district of Nouvelle-Anvers, granting to the Société Anversoise du
Commerce au Congo the right to exact rubber as a tax; whereas this letter
adds that the Commander of the police force may, in case of refusal, put in
force the penalty of detention; that he may delegate that right to an agent of
the Société Anversoise du Commerce au Congo, but that it will always rest
with him to decide if the detention is to be confirmed or not;
Whereas it is quite evident that taxes could not be established, or
detention in case of non-payment decreed, by a mere letter;
And whereas the right of imposing taxes on the people, and of fixing
penalties can only belong to the King Sovereign, or to those to whom he has
legally delegated his authority for that purpose;
And whereas the Judicature would fail in its duty and its mission if it
recognized in any other authority those powers which are reserved to the
sovereign authority;
And whereas a law duly decreed and published would therefore have
been necessary;
And whereas such a law has only appeared quite recently, a very long
time after the acts which form the subject of the prosecution, and it requires,
moreover, in order to render the penalty of detention applicable, conditions
which do not exist in this case;
Whereas, consequently, the letter of the Governor-General being unable
to run counter to the Penal Code could not justify the violation of individual
liberty;
And whereas it is quite possible that the accused may have been
mistaken on this point, but the fact of acting in good faith cannot be taken
as a justification for a breach of the law;
Whereas it is just, however, to take this into consideration in order to
give the accused, on this head, the benefit of extenuating circumstances to
the greatest extent possible;
On the fifth count:
Whereas it is established and admitted by the men accused that one of
the prisoners detained at Mimbo, having attempted to escape during the
night, was killed with an Albini rifle by the sentry on guard;
And whereas the accused maintains that he had absolutely nothing to do
with this act;
Whereas, although it is established by the evidence of the witnesses that
the accused had always given his men orders to fire on prisoners who tried
to escape, it is not, however, proved that the sentry who fired was one of the
men placed directly under his orders;
Whereas, on the contrary the proceedings seem to show that the man in
question was a workman of the post of Mimbo, and that he had been placed
as a sentry by the Manager of that factory;
And whereas the murder, therefore, could not be imputed to the accused;
On the sixth count:
Whereas the accused admits that upon his return from the expedition
against the Banga, a native Chief was killed in the prison of the police
station of Banga by the soldiers of that station;
Whereas he admits that on two occasions, when he was in the company
of Jamart, the soldiers came to ask for instructions relating to this prisoner,
who was making a disturbance; and he also admits that he was actually
present in the prison when the prisoner was killed; whereas, however, he
affirms that neither he, nor Jamart, gave any order to the soldiers, and that
he went to the prison solely to induce the prisoner to remain quiet;
Whereas all the witnesses interrogated on this point in the course of the
preliminary inquiry, and at the hearing of the case, did, in a manner the
most precise, and consistent in the most minute details, affirm that the
accused twice gave the order to kill; first to Sergeant Tangua, who had
come for instructions; and on the second occasion to the same sergeant and
to the soldier Rixassi when they returned to get the order confirmed; and
that it was the accused himself, who, in the prison, after the sergeant had
fired upon the prisoner and missed him, handed the gun to the soldier
Rixassi, who killed him;
Whereas the latter detail was also given by the witness Houart, confined
in the prison at Boma, when the other witnesses were still in the Upper
Congo; and it is, therefore, impossible that it was invented;
Whereas these two circumstances, absolutely established by other
evidence as well as that of native witnesses, that the accused was in the
prison and that he handed the gun to the man who fired, confirm in the most
positive manner the fact that it was he who gave the order to fire, an order
which the soldiers who were returning from the expedition, on which they
had always looked upon the accused as their Commandant, could not
hesitate to execute;
Whereas it is, moreover, amply evident that they certainly would not
have killed without instructions, even in the presence of the accused;
On the seventh count:
Whereas the facts cited in the prosecution are established, and admitted
by the accused, and constitute breaches of the Regulations as to fire-arms;
On the eighth count:
Whereas, as the first Judge declared, it is merely a question in this case
of a simple exchange of ammunition between the troops of the State, and
the Company’s armed men; and whereas a simple exchange cannot
constitute a fraudulent abstraction, or (when it is only a question of
cartridges, and not of the weapon itself) a contravention of the Regulations
as to fire-arms;
Whereas, for the reasons given above, the accused must be declared
guilty of murders with premeditation, as the moral author, through abuse of
authority, of the deeds he is charged with on the first, second, and sixth
counts; of blows and wounds on the third count; of arbitrary detention on
the fourth count; of contraventions of the Regulations as to fire-arms on the
seventh count; and he should be acquitted on the remainder of the counts;
Whereas there are reasons for granting extenuating circumstances to the
accused, not only on account of the considerations submitted on the first,
second, and fourth counts, but also on account of his good previous
character during his long stay in Africa, and the great difficulties under
which he must have laboured, as he had to do his duty in the midst of a
population entirely hostile to all idea of work, and which only respects the
law of force, and knows no other argument than terror;
Whereas it must be recognized that it must be very difficult to act within
the law in a country still absolutely barbarous and savage, more especially
when the laws to be obeyed in that country are the same as those which
govern the most civilized peoples;
Whereas, to conclude, it is just to bear in mind that, although the acts are
in themselves very grave, they lose a part of their gravity when they are
considered in connection with the surroundings, in which, according to
immemorial custom, human life has no value, and pillage, murder, and
cannibalism were, until the other day, of ordinary occurrence.
As regards the accused Silvanus Jones:
Whereas it is duly established by the consistent testimony of the
witnesses, and even by the contradictory evidence of the accused himself,
that, during the month of October 1902, when he was Chief of the post of
the Société Anversoise du Commerce au Congo at Bussa-Baya, he ordered
the men placed under his orders to proceed to the neighbourhood of the
factory, and to kill the natives that they met, to punish them for not having
furnished a sufficient quantity of rubber, an order which his servant Bongi
executed by killing a woman;
Whereas the accused maintains, as a subsidiary plea, that in any case he
acted, as in other circumstances, in accordance with the orders of his
superiors, especially with those of the District Chief M. Caudron;
Whereas—although these orders are not well established—the methods
adopted by the District Chief Caudron to obtain rubber from the natives,
and the fact that the accused had been placed at Bussa-Baya secretly, and
that that post had been armed with eight Albini rifles without permission,
give colour to the supposition, in favour of the accused, that in point of fact,
he did but follow the instructions of his Chiefs;
And whereas, however, for the reasons already given, these orders could
in no way justify or exculpate the accused;
And whereas he could not even be regarded as a passive and
unconscious instrument in the hands of his Chiefs, because, although a
black, he possesses some mental culture and belongs to a country already
partly civilized;
And whereas he must have known perfectly well that to kill is a crime;
And whereas he, moreover, acted in his personal interest because he was
paid in proportion to the rubber he collected;
Whereas, however, it is just to concede to him extenuating circumstances
to the greatest possible extent, taking into account his surroundings and the
example set by his Chief; and whereas it must be admitted that it would
have been very difficult for a black man to withstand the influence of
example;
And whereas, therefore, the Court of Appeal expresses the hope that the
rigour of the penalty, which, according to law, it is compelled to confirm,
may, in the case of this prisoner, be modified as soon as possible, by his
conditional release;
For these reasons and those, cited by the First Judge, which do not
conflict with them;
The Court of Appeal:
Taking into consideration Articles 78 of the Decree of the 27th April,
1889; 3, 4, 11, 98, 101 (bis) and 101 (4) of the Penal Code; 2 and 9 of the
Decree of the 10th March, 1892, and the Order of the 30th April, 1901;
Declares the appeal of the accused Caudron to be inadmissible;
And, on the appeal of the Public Prosecutor—
Amends the Judgment appealed against with respect to the accused
Caudron, in regard to the penalty pronounced, and condemns him on the
count of murders with premeditation, of blows and wounds, of arbitrary
detention, and contraventions of the Regulations as to fire-arms, with
extenuating circumstances, to five years’ penal servitude;
Confirms in other respects the Judgment which was the subject of
appeal, also as regards the accused Silvanus Jones;
Ordains that the costs of the appeal shall be borne by the State.
Thus judged and pronounced in public sitting by the Tribunal, composed
of M. Giacomo Nisco, President; MM. Albert Sweerts and Michel
Cuciniello, Judges; M. Fernand Waleffe, Public Prosecutor; M. Paul
Hodüm, Clerk.
The President,
(Signed) G. NISCO.
The Judges,
(Signed) Sweerts.
M. Cuciniello.

The Clerk,
P. Hodüm.
Inclosure 2 in No. 3.
Acting Consul Nightingale’s Interview with Silvanus Jones, a Native of
Lagos, under Sentence of Ten Years’ Penal Servitude, in the Prison at
Boma, for certain Atrocities committed whilst in the Employ of the S.C.A.
(Société Congolaise Anversoise).
Q. HOW long have you been in the employ of the S.C.A.?—A. I served
five years, and then went home to Lagos, and after staying at home some
time I returned to the Congo, and was re-engaged by the same Company. I
am now completing the second year of my new contract.
Q. In what capacity were you engaged by the S.C.A.?—A. As a
carpenter.
Q. How is it that, being engaged as a carpenter, you were buying rubber?
—A. There was no more carpentering to be done, and as I had not
completed my contract, I was ordered to buy rubber. Formerly I used to buy
rubber at the same time as I was doing the carpentering.
Q. Have you ever killed, ill-treated the natives, or burnt down their
houses?—A. On my oath, I never have.
Q. Do you understand the nature of an oath?—A. Yes; and if there were a
Bible here I would swear on it.
Q. Can you read and write?—A. Only a very little—just my name.
Q. Were you aware that people were being shot or otherwise ill-treated,
and that their villages were burnt?—A. Yes; I heard of such things going on,
but I never witnessed anything of the sort except on one occasion at my
own station. It was one day (the 9th December, 1902) when I was lying
down, and suddenly I heard firing from outside, and a shot came through
my house and nearly hit me. When I went outside I found a white agent of
the Company, who had ordered his men (soldiers) to fire on a man and
woman from about 120 yards’ distance. They were both killed. The woman
was pregnant. When I asked the white agent (whose name I cannot
remember) why he came and upset the people of my station, he replied,
“How dare you speak to me, you black man; don’t you see that I am a white
man, and can give what orders I like!”
Q. Were you ever ordered to go and punish the natives?—A. Yes. On one
occasion, especially, I was ordered to send and punish some people who
had fled into the bush. So I thought for a time as to what I should do, and at
last resolved to send four soldiers into the bush to try and catch the people
and bring them to me to see if I could make friends with them. I ordered the
soldiers not to shoot any one, and sent my boy (a Bangala) with them to see
that no shooting was done. They caught a man and a woman in the bush and
took them to Little Basango (about three hours from my station), instead of
coming back to me. It was my Bangala boy who shot the woman whilst she
was stooping down at the side of the river, and she fell into the water and
was carried away. I never saw the woman or her corpse, as it was carried
away by the stream. I went down the river (about two and a-half hours’
journey in a canoe going there, and about six hours to come back) to report
the affair to the white agent at the post there. It is for this affair, I am given
to understand, that I am punished. But really I am not to blame, as I gave
strict orders to the soldiers not to shoot any one.
Q. Did you know when you were sent for to come to Boma that you
were going to be tried for committing certain outrages on the natives?—A.
No.
Q. Were you brought down to Boma under a military escort?—A. No; I
came down alone; but when I arrived at Boma I was met by a guard of
soldiers, and was taken to the prison, where I remained five days, and was
then let out.
Q. Did you know that you were going to be tried for various outrages
committed on the natives?—A. No; I was under the impression that I had
been called as a witness against that man.
[Jones pointed to a man who was writing at a desk in the gaoler’s office,
who, I was told, was M. Caudron.]
Q. You knew absolutely nothing about your being kept in Boma to be
tried for serious offences you were accused of having committed?—A. I
knew absolutely nothing.
Q. Would you have employed an advocate to defend you had you known
that you were going to be tried for such serious offences against the laws of
the country?—A. Most certainly I would. I brought down with me 3,500 fr.,
and the Judge has got 3,000 fr. of that sum, which I wish you to mind for
me. I think you have the receipt.
[Note.—The receipt was handed to Mr. Nightingale by a Lagos man
named Shanu a few days ago.]
Q. You know, I suppose, that you have been sentenced to ten years’ penal
servitude?—A. Yes; I was sentenced to ten years by the first Judge, but the
second Judge reduced it to two and a-half years; and they say that if I
behave properly that I may get my liberty in six months.
[Note.—Jones has misunderstood his sentence. The sentence of ten years
passed in the Court of First Instance was upheld in the Appeal Court.]
Q. What work have they given you to do here?—A. I am employed on
the carpentering work of this building (pointing to a stone house that is in
course of construction).
Q. You declare you are perfectly innocent of the charges brought against
you, and for which you have been condemned to ten years’ penal servitude?
—A. Yes, Sir; I am innocent.
Q. You wish me to hold the 3,000 fr. for you?—A. Yes; if you please, Sir.
(Signed) A. NIGHTINGALE.
Boma, March 21, 1904.
Inclosure 3 in No. 3.
Note.
JONES, SILVANUS, originaire de Lagos, clerc au service de la Société
Commerciale Anversoise, prévenu d’avoir, à la fin de l’année 1902, envoyé
des travailleurs de la Société Anversoise du Commerce au Congo, armés de
fusils Albini, dans les environs de la factorerie de Bussu-Baya et avoir ainsi
été la cause directe de la mort d’une femme de Bassanga, tuée d’un coup
d’Albini, par son domestique Bangi—infractions prévues par les Articles 1
et 9 du Décret de 10 Mars, 1892, et l’Arrêté du 30 Avril, 1901, sur les armes
à feu et 1 et 2 du Code Pénal.
L’Article 1 du Décret du 10 Mars, 1892 (B.O., 1892, p. 14), interdit
l’importation, le trafic, le transport, et la détention d’armes à feu
quelconques, ainsi que la poudre, de balles et de cartouches. L’Article 9 du
même Décret punit toute infraction à cette disposition d’une amende de 100
fr. à 1,000 fr., et d’une servitude pénale n’excédant pas une année, ou de
l’une de ces peines seulement. L’Arrêté du 30 Avril, 1901 (R.M., p. 86),
subordonne à certaines formalités les demandes pour la délivrance de
permis de port d’armes. L’Article 1 du Code Pénal (L. 11) définit
l’homicide et les lésions corporelles volontaires. L’Article 2 définit le
meurtre et le punit de la servitude pénale à perpétuité.
(Translation.)
SILVANUS JONES, native of Lagos, clerk in the Service of the Société
Commerciale Anversoise, accused of having, at the end of the year 1902,
sent some workmen in the employ of the Société Anversoise du Commerce
au Congo, armed with Albini rifles, to the neighbourhood of the Bussu-
Baya factory and thus been the direct cause of the death of a woman of
Bassanga, who was killed by a shot from an Albini fired by his servant
Bangi—which offences are covered by Articles 1 and 9 of the Decree of the
10th March, 1892, and the Order of the 30th April, 1901, respecting fire-
arms and 1 and 2 of the Penal Code.
Article 1 of the Decree of the 10th March, 1892 (B.O., 1892, p. 14),
forbids the importation, trade in, transport and keeping of, any fire-arms
whatever, or of powder, bullets, or cartridges. Article 9 of the same Decree
punishes every infraction of this provision by a fine of 100 fr. to 1,000 fr.
and by a term of penal servitude not exceeding one year, or by one only of
those penalties. The Order of the 30th April, 1901 (R.M., p. 86), attaches
certain formalities to requests for the delivery of permits to carry arms.
Article 1 of the Penal Code (L. 11) defines homicide and wilful bodily
injury. Article 2 defines murder and punishes it by penal servitude for life.
No. 4.

Sir C. Phipps to the Marquess of Lansdowne.—(Received May 16.)


My Lord,
Brussels, May 14, 1904.
M. de Cuvelier handed to me this evening a Memorandum, of which I
have the honour to inclose copy, which has been drawn up at the Congo
Ministry in rejoinder to the points raised in your Lordship’s despatch of the
19th ultimo, on the subject of the administration of the Congo.
I have, &c.
(Signed) CONSTANTINE PHIPPS.
Inclosure in No. 4.
Memorandum.
LA dépêche de Lord Lansdowne du 19 Avril, 1904, dont copie a été
remise par Son Excellence Sir Constantine Phipps au Gouvernement du
Congo le 27 Avril suivant, appelle quelque considérations.
Relativement à l’appréciation contre laquelle s’élève cette dépêche “that
the interests of humanity have been used in this country as a pretext to
conceal designs for the abolition of the Congo State,” l’on voudra bien se
souvenir qu’un membre de la Chambre des Communes déclarait qu’il
préfèrerait “voir la vallée du Congo passer à une Puissance étrangère,” et
que des pamphlets indiquaient comme “absolute and immediate
necessities,” “Disruption of the Congo Free State,” “Partition of the Congo
Free State among the Powers,” et suggéraient même les bases d’un tel
partage, tandis que des organes de la presse Anglaise envisageaient soit
l’alternative “advocated by the more thorough-going critics of the present
Administration, namely, the disruption of the Congo Free State,” soit
l’alternative de “the partition of the Congo territory among the Great
Powers whose possessions in Africa border those of the Congo State,” ou
déclaraient “what Europe ought to do, under the leadership of Great Britain,
is summarily to sweep the Congo Free State out of existence.” La Note de
l’État du Congo du 17 Septembre a relevé ces suggestions, dont nous
n’indiquons ici que la tendance et qui toutes avaient pour objet de spolier le
Roi-Souverain, de le déposséder de l’État qui était sa création personnelle—
suggestions qui se concilient bien mal avec le respect du droit et des Traités,
et avec les motifs d’ordre purement humanitaire et philanthropique dont se
disent exclusivement animés les adversaires de l’État dans la campagne
passionnée qu’ils mènent contre lui.
En réponse aux objections que le Gouvernement de Sa Majesté élève
contre la communication du texte intégral du Rapport de Mr. Casement, le
Gouvernement de l’État du Congo fait remarquer qu’il a demandé la
communication de ce Rapport complet en vue précisément de le transmettre
aux autorités judiciaires et administratives compétentes, sans quoi cette
communication serait sans objet. Le souci d’une enquête impartiale et les
droits de la défense exigent impérieusement que les accusés connaissent,
d’une manière précise et dans leurs détails, les faits mis à leur charge, et
l’appréhension que les personnes accusées pourraient, de par la
connaissance qu’elles auraient de ces détails, influencer ou supprimer des
témoignages ne semble pas justifiée par ce seul fait que des indigènes, qui,
dans l’affaire Epondo, avaient fourni au Consul des informations
mensongères, ont évité par la suite de se représenter devant le Magistrat
enquêteur; la fuite de ces témoins s’explique plus naturellement par le
sentiment de la faute grave qu’ils avaient commise en trompant sciemment
le Consul Anglais. Si le Gouvernement du Congo peut donner, et donne
volontiers, l’assurance que tout acte ou toute tentative de subornation de
témoins serait poursuivi, il n’est évidemment pas en son pouvoir de
préjuger ou d’enrayer les mesures légales que croiraient devoir prendre,
dans l’intérêt de leur honneur ou de leur considération, des personnes qui se
trouveraient avoir été faussement accusées.
Le Gouvernement de l’État du Congo regrette que le Gouvernement de
Sa Majesté Britannique n’estime pas devoir lui communiquer les autres
Rapports Consulaires antérieurs auxquels faisait allusion la dépêche de
Lord Lansdowne du 8 Août, 1903. Ainsi que le disaient les notes du 12
Mars dernier, ces rapports présentaient l’intérêt d’avoir été écrits à une date
à laquelle de débat actuel n’était pas né.
Une copie de ce Mémorandum sera adressée aux Puissances auxquelles
a été transmise la copie de la dépêche de Lord Lansdowne du 19 Avril
dernier.
État Indépendant du Congo, Bruxelles,
le 14 Mai, 1904.
(Translation.)
LORD LANSDOWNE’S despatch of the 19th April, 1904, a copy of
which was handed to the Congo Government on the 27th April by his
Excellency Sir Constantine Phipps, calls for certain remarks.
With regard to the opinion to which this despatch takes exception, “that
the interests of humanity have been used in this country as a pretext to
conceal designs for the abolition of the Congo State,” it will be well to
remember that a Member of the House of Commons declared that he would
prefer “to see the Valley of the Congo pass into the hands of a foreign
Power,” and that some pamphlets described the “Disruption of the Congo
Free State,” the “Partition of the Congo Free State among the Powers,” as
absolute and immediate necessities, and even went so far as to suggest the
bases of such a partition, while the organs of the English press
contemplated one of two alternatives, either that “advocated by the more
thorough-going critics of the present Administration, namely, the disruption
of the Congo Free State,” or “the partition of the Congo territory among the
Great Powers whose possessions in Africa border those of the Congo Free
State,” or declared that “what Europe ought to do, under the leadership of
Great Britain, is summarily to sweep the Congo Free State out of
existence.” The Congo State Note of the 17th September has called
attention to these suggestions, of which we merely point out the tenour in
this instance, and which all aimed at despoiling the Sovereign King, and at
dispossessing him of the State which was his own creation—suggestions
which are entirely incompatible with respect for rights and Treaties, and
with the motives of a purely humanitarian and philanthropic nature by
which the enemies of the State allege themselves to be exclusively animated
in the passionate campaign which they are conducting against it.
In reply to the objections raised by His Majesty’s Government against
the communication of the entire text of Mr. Casement’s Report, the
Government of the Congo State points out that it has asked for the complete
Report precisely with a view to transmitting it to the competent judicial and
administrative authorities, without which this communication would be
purportless. The anxiety to obtain an impartial inquiry and the rights of the
defence render it an imperative necessity that the men accused should be
informed, in a precise and fully-detailed manner, of the acts laid to their
charge; the fear that the persons accused might be able, by means of the
knowledge they would have of the details, to influence or suppress
evidence, does not appear to be justified by the mere fact that the natives,
who, in the Epondo case, had given mendacious information to the Consul,
subsequently avoided presenting themselves before the Magistrate presiding
over the inquiry; the flight of these witnesses is explained more naturally by
the fact that they were conscious of the grave fault they had committed in
wittingly deceiving the English Consul. If the Congo Government be
permitted to give an assurance, which it does willingly, that any case of
suborning witnesses, or any attempt to do so, would form the subject of a
prosecution, it is evidently not within its power to prejudice or quash such
legal measures as persons who might find themselves wrongfully accused
might consider it necessary to take, either in the interests of their honour or
their dignity.
The Government of the Congo State regrets that His Majesty’s
Government does not deem it necessary to communicate to it the other
previous Consular Reports to which Lord Lansdowne’s despatch of the 8th
August, 1903, alluded. As was stated in the notes of the 12th March last,
these reports possessed the interest of having been written at a date anterior
to the inception of the present discussion.
A copy of this Memorandum will be addressed to the Powers to whom
copies of Lord Lansdowne’s despatch of the 19th April last was transmitted.
Congo Free State, Brussels,
May 14, 1904.
No. 5.

The Marquess of Lansdowne to Sir C. Phipps.


Sir,
Foreign Office, June 6, 1904.
WITH reference to my despatch of the 19th April, I transmit to you, for
communication to the Congo Government, a Memorandum on the
remaining points in the “Notes” handed to you on the 13th March which
would appear to His Majesty’s Government to call for observation.
I request you, in presenting this Memorandum, to take the opportunity of
stating that His Majesty’s Government much regret that, in M. de Cuvelier’s
Memorandum of the 14th May, a more definite reply is not returned to the
inquiries which they deemed it necessary to make before considering
whether they could furnish the full text of Mr. Casement’s Report. My
despatch explained that the names in the Report had been suppressed, not
from any want of confidence in the Central Government of the Congo State,
but from apprehension that the information, if made generally public, would
place it in the power of persons charged with abuses to procure the
suppression or repudiation of evidence, or to punish those who had given it.
His Majesty’s Government asked, therefore, whether the Congo
Government would accept full responsibility for the use which would be
made of the information, and would communicate the measures they were
prepared to adopt and enforce in order to protect the witnesses who gave
evidence to Mr. Casement from the possibility of exposure to acts of
intimidation or retaliation. It was clearly incumbent upon His Majesty’s
Government to provide as far as possible for the safety of those at any rate
whose statements to a British officer were made with no knowledge that
they would be cited by name as responsible for charges upon which public
proceedings would be based. They entertained therefore no doubt that the
Congo Government would appreciate their motives, and would willingly
undertake, in furtherance of the object which both Governments have in
view, to meet, so far as lay in their power, the requirements of the case. The
Memorandum handed to you by M. de Cuvelier, after dwelling upon the
necessity of full information for the purpose of investigation, merely
declares that the Government of the Congo are ready to give an assurance
that proceedings will be taken against all who attempt to suborn witnesses,
but that they cannot prejudice or prevent legal measures instituted in
defence of their honour or reputation by those who may have been falsely
accused.
His Majesty’s Government cannot accept as adequate or satisfactory an
answer which implies that the information which they are asked to supply
will be accessible to the very persons whose conduct has been impugned,
before any measures have been taken to shield the witnesses from the
exercise of improper pressure. They have, of course, never entertained the
idea that the Congo Government would connive at any such malpractice as
the subornation of witnesses. They have not asked, and have never intended
to suggest, that legal remedies should be denied to those against whom
unfounded accusations have been publicly brought, nor do they desire that
those, if any, who have given such false evidence should be shielded from
the proper legal penalty for their offence. What they require is that the
Congo Government, in accordance with the recognized principles of
civilized administration, will take every means to secure that the witnesses,
if their names should be divulged, will suffer no harm in their property or
persons from the unlawful violence of those to whose desire for revenge
they may be exposed. No argument can be entertained to the effect that acts
of violence are improbable or impossible under a system such as that
revealed by the Judgment pronounced by the Court of Appeal at Boma in
the Caudron Case, and His Majesty’s Government earnestly trust that the
Congo Government will recognize the immense service that will be
rendered both to the cause of humanity and to the credit of their own
officers by promoting unreservedly a full and public investigation by a
Tribunal of recognized competence and impartiality into the charges made
against their agents and against their system of administration.
There is another point to which His Majesty’s Government must call
attention. The inquiry promised in the “Notes” is, no doubt, intended to be
of a searching and impartial character, and His Majesty’s Government
hoped that they would before now have received some indication of the
measures designed to carry out this intention. In the peculiar circumstances
which have arisen, strict impartiality will hardly be attributed to an
investigation conducted as in the Epondo case solely by the officers of the
State or by the agents of the Concessionary Companies, nor will the result
carry conviction to the degree which seems essential. The matter is one
which must be left to the decision of the Congo Government, and it is only
because, in the judgment of His Majesty’s Government, the whole question
at issue turns in a great measure upon the position and character of those
charged with the inquiry that they feel justified in mentioning the point, and
in suggesting that a Special Commission should be appointed, composed of
Members of well-established reputation, and in part, at least, of persons
unconnected with the Congo State, to whom the fullest powers should be
intrusted both as regards the collection of evidence and the measures for the
protection of witnesses. Were a Commission of this character appointed His
Majesty’s Government would be prepared to place at the disposal of the
Members, for their own use and guidance, all the information they possess
respecting the position of affairs in the Congo, and would give them every
assistance, in the confident belief that an independent Commission such as
they have suggested would elicit the truth, and effect in a manner
commanding general acceptance a settlement of the existing controversy.
You will read this despatch to M. de Cuvelier and give a copy of it to his
Excellency. Copies of the despatch and of the inclosed Memorandum will
also be forwarded to the Powers who were Parties to the Berlin Act.
I am, &c.

(Signed) LANSDOWNE.
Inclosure in No. 5.
Memorandum.
THE first portion of the “Notes” refers to the desire expressed by the
Congo Government for the production of the previous Reports of His
Majesty’s Consuls alluded to in the Circular of His Majesty’s Government
of the 8th August last. This matter has already been dealt with in the
despatch addressed to Sir C. Phipps on the 19th of April.
The next point in the “Notes” is the statement made by Mr. Casement
that the population has decreased in certain districts; doubt is expressed as
to how, in the course of his rapid visits, he was able to arrive at the figures
which he gives, and attention is drawn to alleged discrepancies in those
figures. With regard to Mr. Casement’s ability to form an opinion on the
subject, it is to be observed that the means at his disposal for doing so were
neither greater nor less than those of Mgr. van Ronslé, viz., personal
knowledge of what the population had been in former years and what it
appeared to him to be at the date of his last visit. The alleged discrepancy in
his figures consists in the fact that, having estimated the population of the
entire community of the F line of villages at 500, a few lines further on he
estimates that of “the several villages whose task it is to keep the wood post
victualled” at 240. The explanation is to be found in the fact that in the first
instance Mr. Casement alluded to all the villages comprising the Settlement,
whereas in the second he referred only to the inhabitants of that portion of
the Settlement whose business it was to supply food for the neighbouring
wood-cutting post.
The Congo Government admit that Mr. Casement attributes, equally with
Mgr. van Ronslé, a large share of the diminution of the population to the
sleeping sickness, but attach to another cause, viz., the facility with which
the natives are able to migrate, greater weight than appears to His Majesty’s
Government to be justifiable, since more than one reference in the Consul’s
Report shows that the natives are not allowed to leave their own districts.
On p. 4 of the “Notes” (p. 3, supra) the complaint is made that Mr.
Casement’s Report contains, not exact, precise, and proved facts, but
statements and declarations by natives. It is difficult, however, to see how
the facts dealt with can be proved without hearing the statements and
declarations of natives: the grounds of their complaints at all events can be
learnt exactly and precisely from them alone.
In the last paragraph of p. 4 (p. 3, supra) an attempt is made to show that
because during his journey into the interior of the Congo State, Mr.
Casement was not the guest of the authorities, and because during that
journey he visited his countrymen, therefore his presence must “inevitably”
have been considered by the natives as antagonistic to “established
authority.” Mr. Casement was, however, obviously at liberty to move about
his Consular district without previous consultation with the authorities, and
he was at special pains to impress on the people that he had no authority to
set things right. It is clear from his Report, as indeed is borne out by the
“Notes,” that he was careful to refer the natives to the Government of the
State. As a matter of fact, in many parts of the country the natives did not
know who he was, while it is equally certain that the rumour of the
“campagne menée contre l’État du Congo” to which allusion is made as
having influenced the inhabitants could not possibly have reached them,
since it is difficult to imagine that a population who are represented as
among the most savage and backward of mankind, and dwelling in the heart
of Africa, could be aware of debates in a European assembly, or of the press
comments made thereon.
Mr. Casement could not, as asserted, have appeared to all the natives of
the Lulongo River in the character attributed to him, and this is shown in a
letter the agent of the Lulanga Company at Bokakata addressed to Mr.
Ellery, of the Congo Balolo Mission at Ikau, on the 28th August.
Mr. Casement had found women hostages tied up and guarded by two
sentries of that Company who told him how it was these women came to be
captured and detained, in order to compel their husbands to bring in rubber.
This letter begins by stating that—
“Avant-hier, disent les indigènes, des missionnaires de la Congo Balolo
Mission se sont rendus à Yvumi (Ifomi), où ils ont été recueillir certaines
réclamations après au préalable avoir fait instiguer les habitants de ce
village par le personnel du steamer.”
The letter then seeks to show that the scene Mr. Casement had witnessed
had no foundation in fact, and ends with the request that Mr. Ellery should
communicate its contents “au monsieur qui s’est rendu à Yvumi. Je regrette,
ne le connaissant pas, de ne pouvoir m’adresser à lui.”
It is evident from this letter that neither the natives of the village referred
to, the sentries placed there, nor the European agent responsible for placing
them there had any knowledge of the rôle of “redresseur des griefs” which
is now attributed to Mr. Casement.
This is the more significant, since Mr. Casement had passed Bokakata
the day before this letter was written, on his way to Ikau, whither the
Lulanga Company’s steamer, with the Director on board, followed on the
28th August in search of an unknown traveller who the natives said was a
missionary.
That Mr. Casement travelled independently of Government assistance
was a perfectly legitimate action on his part, and one calling for neither
comment nor explanation. The necessity for this, moreover, is made clear
by that passage in his Report (p. 24) wherein he points out the difficulty of
getting suitable accommodation on the Government steamer “Flandre,” by
which he had at first thought of quitting Leopoldville.
It may also be observed that it was only when he failed to find a French
steamer available at Brazzaville (which he visited in that hope on the 25th
and 26th June) that he decided to seek the loan of a steamer belonging to an
American Mission.
A visit to his countrymen was a correct proceeding on his part, and it
was but natural that he should be assisted by them. As their Consul, it was
right he should visit his compatriots dwelling in isolated stations amid
savage surroundings; and since he was desirous of coming to an
independent judgment on the conditions of native life, it was much more
natural that he should choose his own means of separate, independent
conveyance than restrict himself to the not always convenient itinerary of
Government steamers or place himself under the guidance or conduct of
local authorities, who, if abuses did exist, were hardly likely to disclose
them. His Majesty’s Government can in no way accept the view that Mr.
Casement necessarily fell under the influence of the missionaries, neither
can they think that the English Protestant missionaries are opposed, still less
necessarily antagonistic, to the Government of a friendly State in which
they reside. Mr. Casement moreover visited several American mission
stations, and it is not the case, as asserted in the “Notes,” that it was only by
English missionaries that he was assisted. The steamer he travelled on was
the property of the American Baptist Missionary Union, lent to him by their
Board; the Mission station at which he spent the longest time is an
American station, and he had on several occasions Americans with him as
his guests on board and during his visits to the natives.
The Congo Government endeavour to support their assertion that Mr.
Casement’s attitude was one of antagonism to established authority by
alleging as “characteristic” the fact that while he was at Bonginda the
natives collected on the banks of the river, and as the agents of the Lulanga
Company went by shouted out, “Votre violence est finie; elle s’en va; les
Anglais seuls restent! Mourez vous autres!”
Had the incident referred to occurred as recorded, it would indicate not
so much that the natives of the locality named were excited against
“established authority,” as against the agents of a trading Company.
But the above is hardly a correct description of the occurrence, as the
Congo Government must admit, seeing that they have themselves placed on
record a totally different version of the incident.
On the 2nd December, 1903, the Secretary-General of the Congo State in
drawing the attention of Dr. H. Grattan Guinness to the subject of this
pretended “disorder,” of the natives, described it in the following terms:—
“On a vu dernièrement, après le voyage du Consul Britannique dans la
Lulanga, des indigènes en rapport avec la mission de la Congo Balolo
Mission, établie à Bonginda, s’attrouper au passage d’un agent de l’État, en
s’écriant dans leur dialecte—
“ ‘Votre violence est finie; elle s’en va; les Anglais seuls restent! Mourez
vous autres!’
“Ces propos séditieux étaient proférés en présence de missionnaires de
Bonginda.”
Without further enlargement upon so trivial an altercation as that which
actually occurred between the canoe boys of a passing trader and some
natives of the neighbourhood, it is only necessary to call attention to the
discrepancy which exists between M. de Cuvelier’s complaint of the 2nd
December and the terms in which it is now formulated.
In the former communication the Secretary of the Congo Government
addressed the Congo Balolo Mission in terms of reproof upon a subject
upon which he was obviously but imperfectly informed, since he asserted
the incident to have occurred after Mr. Casement’s departure from
Bonginda, and the offensive words to have been addressed to a Government
official. Dr. Guinness, however, explained to M. de Cuvelier that the
incident occurred when Mr. Casement was present, that it had no
significance, and that the canoe jeered at by the natives contained, not a
State Agent, but an agent of the Lulanga Company; further, that the words
used were, in reality, not those imputed, but: “The rubber is finished; the
people refuse to work rubber.” Yet in spite of this explanation, which seems
amply sufficient, the “Notes” still maintain that the incident shows that Mr.
Casement’s attitude was incorrect.
The next subject discussed in the “Notes” is what has come to be known
as the Epondo Case.
This is dealt with at great length, and the explanation for so doing is
afforded by a statement that His Majesty’s Consul himself attributed a
capital importance to it. The inference that it is intended to draw would
seem to be that since the result of the investigations made by the local
authorities, subsequent to Mr. Casement’s departure, is said to have
demonstrated quite other facts than those he had too hastily assumed, the
rest of his Report need not be taken seriously.
From a consideration of the Consul’s Report, it will be seen that the case
of this boy Epondo is dealt with in one single paragraph of thirty-seven
lines of print on p. 56, and is referred to again in some few lines of p. 58, in
all less than one page of a document of thirty-nine pages; while in the
Appendix of nearly twenty-three pages of print a copy of the notes taken by
Mr. Casement in the case at Bosunguma extends to less than two pages.
On the other hand, the Congo Government, in their reply, devote some
six or seven pages of a document of eighteen pages in all to endeavouring
to show that in the case of this one mutilated individual, the boy’s hand had
not been cut off by a sentry, but had been bitten off by a wild boar; and in
the Appendix to the “Notes,” which comprises nineteen pages of small
print, more than ten pages are devoted to extracts from the proceedings in
this one case.
Thus, of a document running to thirty-seven pages in all, almost one-half
is assigned to a single incident which, in Mr. Casement’s Report, had given
occasion for some two and a quarter pages of remark and notes out of
nearly sixty pages of printed matter.
Far from having attributed capital importance to this incident, it is
evident from the Report itself that it was but one of many cases calling for
explanation brought to Mr. Casement’s notice during his journey, and that
he himself by no means attributed to it undue weight.
To show how far he was from generalizing from this one incident, it is
only necessary to cite a letter he addressed to the Governor-General on the
4th September when in the Lopori River, 150 miles away from Bosunguma
(of the existence of which he did not then know), written some days before
the cases of mutilation on the Lower Lulongo were brought to his notice. In
that letter, which dealt mainly with certain illegalities he had observed in
the Abir territory at Bongandanga, he said:—
“I am sure your Excellency would share my feelings of indignation had
the unhappy spectacles I have witnessed of late come before your
Excellency’s own eyes.
“I cannot believe that the full extent of the illegality of the system of
arbitrary impositions, followed by dire and illegal punishments, which is in
force over so wide an area of the country I have recently visited, is known
to, or properly appreciated by, your Excellency or the Central
Administration of the Congo State Government.”
Also after recording some of the outrages practised upon women and
children he had witnessed in order to obtain food supplies, or compel the
production of india-rubber, he said, in referring to one of these so-called
trading factories:—
“I must confess with pain and astonishment that, instead of visiting a
trading or commercial establishment, I felt I was visiting a penal
settlement.”
A study of the case will show the successive steps by which the
statement made on p. 7 of the “Notes” (p. 5, supra) is reached:—
“L’enquête montre Epondo, enfin acculé, rétractant ses premières
affirmations au Consul, et avouant avoir été influencé par les gens de son
village.”
The facts throw a light on the motives which inspired, or the influences
which compelled, this retractation by the mutilated boy other than the
“Notes” afford, and show that a not unimportant part of the inquiry was
conducted under conditions which scarcely merit the description of an
“enquête judiciaire dans les conditions normales en dehors de toute
influence étrangère,” as, on p. 6 of the “Notes” (p. 4, supra), it is said to
have been.
A noteworthy illustration of the method adopted to arrive at an impartial
finding in this case will be found to consist in the fact that an inquiry into
grave charges preferred against an agent of the Lulanga Company was
conducted in part through agents of that society—itself primarily involved;
that the Substitut du Procureur d’État visited the district as the guest of that
Company, putting up at its stations and travelling on its steamer in company
with its agents, and that the “retractation” of Epondo only took place when
the boy had been removed to the head-quarters of that Company, on the
steamer of that Company, surrounded, not by friends, but by the agents of
the very Company which had an obvious interest in securing a withdrawal
of the charge.
Had the “retractation” of Epondo, first made at Mampoko, the head-
quarters of the Lulanga Company, on the 8th October (see p. 31, “Notes”)
(p. 35, supra) been sincere and quite uninfluenced by the environment to
which he found himself removed at Bonginda, its sincerity would best have
been demonstrated by its being repeated before Mr. Armstrong at Bonginda,
whence the boy had just been removed.
Mr. Armstrong had cognizance of the case from the first. Bonginda lies
only some 8 miles from Mampoko, and it would have been but just to Mr.
Armstrong, as well as much more convincing, if, when the boy altered his
statement, he had been taken back to where only the day before (see p. 29,
“Notes”) (p. 33, supra) he had reiterated in the presence of Mr. Armstrong
the original charge against Kelengo.
Instead of adopting this simple course, however, the boy, having been
brought to “retract,” was carried off to Coquilhatville—fully 80 miles away
—and a week later a declaration is required from Mr. Faris, a missionary,
whose residence was situated far from the scene of the occurrences, who
had no knowledge of the boy’s antecedents, or any means of testing his
statement by cross-examination or otherwise.
A retractation by a lad of some 15 years of age brought about at
Mampoko under influences not unfavourable to the accused sentry cannot
be held as satisfactory. That the authorities at Coquilhatville did not
themselves consider it convincing is clear from their action in calling upon
Mr. Faris to furnish an extraneous support to the decision arrived at by their
own magisterial inquiry at Mampoko.
Epondo’s “retractation” was made on the 8th October at Mampoko, and
one statement in it, as given on p. 31 of the “Notes,” (p. 35, supra) throws
doubt on much of the rest.
Question (by the Substitut): “Depuis combien do temps cet accident
vous est-il arrivé?”
Answer (Epondo): “Je ne me rappelle pas: c’est depuis longtemps.”
When Mr. Casement visited Bosunguma on the 7th September the boy’s
mutilated stump had evident signs of not being then completely healed:
blood showed still in two places, over which the skin had not entirely
formed, and it was wrapped up in a cloth.
“The “Notes” (p. 9) (p. 7, supra) allude to the attitude of the
missionaries in the following words:—
“Et le fait n’est pas non plus sans importance, si l’on veut exactement se
rendre compte de la valeur des témoignages, de la présence aux côtés de
Mr. Casement, qui interrogeait les indigènes de deux missionnaires
Protestants Anglais de la région, présence qui, à elle seule, a dû
nécessairement orienter les dépositions.”
If it is permissible to cast this reflection upon the attitude towards the
Government of the missionaries of the district, it is certainly relevant to
point out that the presence beside Lieutenant Braeckman (who conducted
the preliminary inquiry) and the Substitut du Procureur d’État of the agents
of the Company having a deep interest in the charge against its employé,
and the part those agents were permitted to take in the inquiry, must have
vitally affected the testimony of the witnesses who deposed at Mampoko
that the charge against the Lulanga sentry was inspired solely by a desire on
the part of the natives to escape their rubber dealings with that firm.
It appears that there were two inquiries: the first conducted by
Lieutenant Braeckman, at which the original witnesses against the sentry
and others reaffirmed their accusation that it was he who had mutilated
Epondo. At the second inquiry, conducted by the Substitut, which took
place some fortnight later, none of the original witnesses against Kelengo
appeared (see “Ordonnance de Non-Lieu,” p. 8, “Notes”) (p. 6, supra); but
a number of persons—some of them servants of the Lulanga Company—
made statements, contradictory in many respects, but agreeing with much
unanimity that a wild boar, which no one of them had seen, at a date no one
could assign, in an indeterminate locality, had eaten off the hand of this lad
of 14 or 15 years of age, who, according to the first deposition cited (that of
Efundu, on the 28th September, at Coquilhatville, p. 24, Annexe III) (p. 29,
supra), had attempted to catch the wounded and infuriated creature by the
ears!
It is obvious that the “conclusions posées” as the result of his inquiry by
Lieutenant Braeckman (see “Ordonnance de Non-Lieu” of the 9th October,
p. 8 of “Notes”) must, in part, have rested on evidence of natives he had
interrogated at Bosunguma, in Mr. Armstrong’s presence, on the 14th
September.
In this “Ordonnance” we find, however, that while the “conclusions” of
Lieutenant Braeckman are accepted, the evidence on which those
“conclusions,” in some part, must have rested is rejected on the ground that
the witnesses took flight, and did not reappear at the second inquiry.
If the “conclusions” are accepted, the evidence on which they are
founded should be also admissible.
There is, moreover, open contradiction if one turns to the evidence of the
“Chief Bofoko, of Ikundja,” cited on p. 30 of Annexe III in the “Notes” (p.
34, supra).
This deponent appeared before the Substitut at Mampoko on the 8th
October, and in the course of his interrogatory it is asserted that he was one
of those who had originally testified against Kelengo before the British
Consul.
Question (by Substitut): “Pourquoi vous-même avez-vous déclaré au
Consul Anglais avoir vu la main coupée par terre, le sang coulait, et les
habitants du village qui couraient dans toutes les directions?”
Answer (Bofoko): “Je n’ai pas parlé avec les Anglais. Je ne les ai pas
même vus. Quand ils sont arrivés à Bosunguma, je n’étais pas là.”
Substitut: “Vous mentez, parce que le Consul Anglais déclare avoir parlé
avec vous.”
Answer (Bofoko): “Oui, c’est vrai. J’y étais. J’ai dit comme les autres,”
&c.
Despite this record by himself on the 8th October of the procès-verbal of
the evidence of Bofoko, the Substitut, on the following day, draws up his
“Ordonnance de Non-Lieu,” wherein, in the third paragraph, he states that

“Attendu que tous les indigènes qui ont accusé Kelengo, soit au Consul
de Sa Majesté Britannique, soit au Lieutenant Braeckman, convoqués par
nous, Substitut, ont pris la fuite, et tous les efforts faits pour les retrouver
n’ont abouti à aucun résultat: que cette fuite discrédite évidemment leurs
affirmations”—(p. 8 of “Notes”).
In view of a discrepancy of this kind, it is, perhaps, needless further to
investigate the character of the evidence upon which a sustained effort is
made to discredit Mr. Casement’s testimony.
It may be observed that the natives cited by the Congo Government
concurred in describing the accusation against the Lulanga Company’s
sentry as prompted by the wish of the natives to escape from their rubber
dealings with that Company.
If these dealings are but those of commerce, as has been repeatedly
asserted (e.g., “Bulletin Officiel,” June 1903), there would not appear to be
any sufficient pretext for the accusation these natives are said to have
brought against that Company’s sentry.
We find it stated that the “liberté du commerce” the men of Bosunguma
enjoyed presented itself to them in the following guise:—
“Pour ne pas faire de caoutchouc: Kelengo est sentinelle du caoutchouc.”
(Efundu, the 28th September, 1903, p. 24.)
“Oui; j’ai entendu les indigènes se plaindre qu’ils travaillent beaucoup
pour rien; que les Chefs s’emparaient des mitakos que les blancs payaient
pour la récolte du caoutchouc; enfin, qu’ils mouraient de faim. Ils ajoutaient
qu’ils avaient réclamé plusieurs fois inutilement,” &c. (Mongombe, the
28th September, 1903, p. 25.)
“Parce qu’ils étaient fatigués de faire du caoutchouc, qui n’était plus
dans leur forêt. Ils ont cru qu’avec l’intervention des Anglais ils pourraient
se soustraire à un travail très dur, &c..... Ils ont parlé avec les habitants, qui
se plaignaient de ce qu’ils devaient travailler beaucoup. Ils disaient que le
caoutchouc n’était plus dans leur forêt, qu’ils voulaient faire un travail
moins dur,” &c. (Libuso, the 6th October, 1903, p. 27, “Notes.”)
“Parce qu’ils trouvent que le travail du caoutchouc est trop dur, et ont
cru de pouvoir s’en libérer, et pour les induire à s’en occuper ils sont allés
leur conter des mensonges.” (Bofoko, the 8th October, 1903, p. 30,
“Notes.”)
If, as the Congo “Notes” assert on p. 6 (p. 5, supra), these “dépositions
sont typiques, uniformes, et concordantes, elles ne laissent aucun doute sur
la cause de l’accident, attestent que les indigènes ont menti au Consul, et
révèlent le mobile auquel ils ont obéi”—they unquestionably leave no doubt
that the relations of the Lulanga Company to the natives of the surrounding
country were not those of a trading Company engaged in exclusively
commercial dealings, but of an organization compelling, with the approval
and support of the Executive, a widespread system for which no legal
authority exists.
Whatever may have been the truth of the charge against the sentry, the
very evidence cited to disprove it attests that the natives spoke truly as to
their abject condition, and shows that in a region repeatedly visited by
Government officials, traversed weekly by Government steamers, lying
close to the head-quarters of the Executive of the district, the trading
operations of a private Company depended for their profits upon the
“obligation de l’impôt.”
The appended Table of exports and imports of the Congo State, taken
from the “Bulletin Officiel” for April 1903 (No. 4), will suffice to indicate
the larger aspect of the situation of the native producer:—
Exports from Imports to
Congo State. Congo State.
Fr. Fr.
1895 10,943,019 10,685,847
1896 12,389,599 15,227,776
1897 15,146,976 21,181,462
1898 22,163,481 23,084,446
1899 36,067,959 22,325,846
1900 47,377,401 24,724,108
1901 50,488,894 23,102,064
1902 50,069,514 18,080,909
The exports of native produce (“le négoce des autres produits
indigènes”—“Bulletin Officiel,” April 1903, p. 65), it is seen, have
enormously increased. They have considerably more than trebled in the six
years from 1897 to 1902.
During the same period the imports into the Congo State—a small
portion of which are trade goods for the purchase of produce or the
remuneration of the producers—remained not merely stationary, but even
decreased by 4,000,000 fr. during the last year.
These figures, as they stand, are remarkable. Their significance is
increased when it is borne in mind that the population of the regions
exporting this great increase of native produce has enormously decreased
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